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collega - Károli Gáspár Református Egyetem

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order to bring the taxpayer up to the<br />

subsistence level.<br />

The proponents of flat taxation<br />

argue that it is simple and efficient,<br />

and that may be the key reason<br />

behind Eastern Europe’s dramatic<br />

growth. Others believe it is more<br />

readily explained by a low starting<br />

base and large inward investment.<br />

Flat tax has been adopted, for example,<br />

in Estonia, Lithuania, Latvia,<br />

Russia, Serbia, Ukraine, Slovakia,<br />

Georgia, Romania, and Macedonia,<br />

furthermore Greece, Croatia, and the<br />

Czech Republic are planning to<br />

introduce flat taxes.<br />

On the other hand, many people<br />

say that flat tax is not a fair tax, since<br />

flat taxes usually do not tax all<br />

income at the same rate, despite also<br />

only one single rate of tax could be<br />

involved as well on all income, but it<br />

is not common at all. For instance, in<br />

the United States usual flat tax proposals<br />

exempt certain forms of<br />

income from tax, therefore the rate of<br />

tax on those privileged forms of<br />

income is zero percent. Additionally,<br />

income derived from capital (dividends,<br />

interest, or capital gains)<br />

might be exempted from tax at the<br />

individual level. As a result, the flat<br />

tax becomes a two rate system: zero<br />

on income from capital and nominal<br />

rate on wage income.<br />

Therefore, it is said by many tax<br />

theorists that flat taxes shall not be<br />

used in advanced economies, but a<br />

progressive tax system with graduated<br />

tax shall be adopted instead on<br />

household incomes and corporate<br />

profits.<br />

A progressive tax is levied so that<br />

the tax rate increases as the amount<br />

to which the rate is applied increases.<br />

Progressive taxation can be applied<br />

to any type of tax, but it is applied<br />

mostly to income taxes, where people<br />

with a higher level of income pay a<br />

higher percentage of their income in<br />

tax than those taxpayers, who earn<br />

less income.<br />

Theorists in almost every discipline<br />

have entered the progressivity<br />

debate, proposing a variety of differdr.<br />

Ercsey Zsombor<br />

However, the measurement of<br />

subsistence level may differ according<br />

to culture, geographical and economic<br />

conditions of the country and<br />

therefore the consumer price level<br />

thereof, furthermore according to<br />

the conditions and situation of each<br />

individual (such as talents, abilities,<br />

marital status, family size, age, etc.).<br />

Also, if subsistence includes more<br />

than just material to survive with,<br />

then it is a social construct, not a fact<br />

of nature.<br />

The minimum of subsistence is<br />

also a figure that shows the minimum<br />

level of satisfying needs on the<br />

lowest level that is still acceptable for<br />

the society. It can be determined<br />

from two aspects: from the side of<br />

the particular needs, or relatively, by<br />

correlating to the average life standards<br />

of the population through consumption<br />

data. These are usually<br />

family categories, since people satisfy<br />

a great deal of their needs within<br />

their households and families. This<br />

shall be taken into account when the<br />

exemption rates are determined. 6<br />

Based on this level of subsistence,<br />

and the related tax exemption, it is<br />

common among tax theorists to<br />

divide society into two groups: relatively<br />

wealthy individuals who pay<br />

taxes, and poor individuals who are<br />

excluded from tax payment obligation.<br />

7<br />

However, in relation to tax payment<br />

obligation there is a debate<br />

regarding the fair type of tax systems.<br />

Basically two major systems<br />

may be used: flat tax (an income tax<br />

having a single rate for all taxpayers<br />

regardless of income level and type)<br />

and progressive tax (a tax that takes<br />

a larger percentage from the income<br />

of high-income people than it does<br />

from people with low-income).<br />

Flat Tax and Progressive Tax<br />

The basis of flat rate taxation, the<br />

principle that fairness requires all<br />

taxpayers to pay the same percentage<br />

of income, could be made compatible<br />

with exemptions by invoking<br />

another principle, namely that no<br />

one should be required to pay taxes<br />

until the basic subsistence needs<br />

have been met by the taxpayer and<br />

his family. Every individual shall<br />

contribute to well-being through<br />

taxes of community after meeting his<br />

own subsistence needs and that of<br />

his family. This principle implies<br />

that there is no ability to pay until<br />

subsistence needs have been met.<br />

Besides, it must be admitted additionally<br />

that demands of fairness can<br />

not be satisfied just by imposing the<br />

same rate on everyone, and this idea<br />

supports that certain exemptions<br />

must be provided. 8<br />

Therefore flat taxes, in accordance<br />

with the above principles, implemented<br />

as well as proposed, usually<br />

exempt from taxation household<br />

income below a statutorily determined<br />

level that is a function of the<br />

type and size of the household. As a<br />

result, such a flat marginal rate is<br />

consistent with a progressive average<br />

tax rate. Otherwise, all income or<br />

consumption is taxed at the same<br />

marginal rate. 9<br />

Over the past half century, the<br />

flat-rate taxation system was supported<br />

by a significant number of<br />

other political philosophers and scientists,<br />

such as Friedrich Hayek,<br />

Ludwig von Mises, Milton<br />

Friedman, John Rawls, Richard<br />

Epstein, Walter Blum, and Harry<br />

Kalven. 10<br />

The exhaustive critique of<br />

progressive taxation considered that<br />

the desirability of exemptions for<br />

low-income taxpayers does not<br />

require any justification, while Juliet<br />

Rhys-Williams developed and later<br />

Milton Friedman proposed in 1962 a<br />

negative income tax for the poor, a<br />

taxation system where income subsidies<br />

are given to persons or families<br />

who are below the poverty line. This<br />

system provides financial aid to<br />

poverty-level individuals and families:<br />

after filing a tax return showing<br />

income below subsistence level,<br />

instead of paying an income tax, the<br />

taxpayer would receive a direct subsidy,<br />

called a negative income tax, in<br />

6 ’Létminimum és társadalmi minimum’ (1991) 6 Esély. Társadalom- és szociálpolitikai folyóirat 84<br />

7 N. C. Staudt, ’The Hidden Costs of the Progressivity Debate’ (1997) 5 Vanderbilt Law Review 922<br />

8 J. F. Coverdale, ’The Flat Tax Is Not a Fair Tax’ [1996] Seton Hall Legislative Journal 285–290<br />

9 http://en.wikipedia.org/wiki/Flat_tax#_ref-0 (downloaded on 30 March, 2007)<br />

10 B. H. Fried, ’The Puzzling Case For Proportionate Taxation’ [Spring 1999] Chapman Law Review 157<br />

278 XI. évfolyam 2–3. szám

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